If you’ve worked for any amount of time in the construction industry, you know that payment discrepancies are far too common. Especially in times of uncertainty with rising material costs and project delays, there are a number of obstacles standing between you and the payment you’re owed on a construction project. Fortunately, South Carolina’s mechanic’s lien law provides contractors, subcontractors, suppliers, manufacturers, and other construction professionals with the legal tools they need to secure the payment rightfully owed to them. If you are owed compensation on a project, a Columbia, SC, construction lien attorney with Cotney Construction Law can help you file a mechanic’s lien to preserve your right to payment.
File Your Mechanic’s Lien With a Columbia, SC, Construction Lien Lawyer
In South Carolina, mechanic’s lien protection is fairly broad. All parties who furnish labor and/or materials used for the “improvement of real property” or “erection, alteration, or repair of a building or structure” are entitled to lien rights. This includes contractors, subcontractors, laborers, design professionals, equipment lessors, and surveyors. However, if a contractor is required by law to be licensed or registered to do the work he performed for a project, then he must also be licensed or registered to file a mechanic’s lien.
Mechanic’s Lien Timelines
In order to preserve your rights to payment, you must meet several time-sensitive deadlines when filing a mechanic’s lien. One of the main reasons why construction professionals forfeit payment owed to them is that they miss critical deadlines when filing a mechanic’s lien or file their lien incorrectly. In South Carolina, the lien filing deadline begins to run as soon as the claimant last performs work or delivers materials to the project.
To successfully file a mechanic’s lien in the state of South Carolina, contractors must file their claim no later than 90 days from when they last provided labor materials to the construction project. There are exceptions, however, that can extend this time period. For example, if a contractor returns to the project even just to fix a minor issue, then the 90-day period is counted starting from the date in which he returned to perform that work.
How Cotney Construction Law Can Help You
At Cotney Construction Law, we understand the sheer number of pitfalls awaiting mechanic’s lien claimants if they don’t pay close attention to the requirements and deadlines. That’s why, if you’re seeking compensation on a construction project, it’s essential to consult with a Columbia, SC, construction lien lawyer who can assist you with any of the following services:
- Lien Notice Requirements: We can help you determine whether the county in South Carolina in which the work was performed requires that a proof of service of the lien on the owner be provided prior to the recording of the lien.
- Eligibility to File a Lien: We can assess your case and determine whether or not you qualify to file a mechanic’s lien.
- Options to Collect: We can draft a demand letter on your behalf or review your contract to determine other legal options like alternative dispute resolution (ADR).
If you would like to speak with a Columbia, SC, construction lien attorney, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.